19 Jan 2022 2:50 PM GMT
The Supreme Court has granted reprieve to a software developer who was "hounded" by her employer which instituted a suit claiming money spent on her "overseas deputation" after she resigned from the company. The Court has affirmed that "a deputation involves a tripartite consensual agreement between the lending employer, borrowing employer and the employee", and "a transient business...
The Supreme Court has granted reprieve to a software developer who was "hounded" by her employer which instituted a suit claiming money spent on her "overseas deputation" after she resigned from the company.
The bench of Justices DY Chandrachud and AS Bopanna was hearing an appeal arising from a judgment and order dated 1 August 2018 of a Single Judge of the High Court of Punjab & Haryana. The appellant was a software developer who joined the services of the respondent on 15 November 2012. The respondent was a company based in Gurgaon and engaged in the business of software development. As a software developer, the appellant was employed on an annual package of Rs 13,50,400. The terms of employment were contained in a letter of offer dated 15 November 2012. The conditions of employment included the following stipulation:
"II (5) You are liable to be posted at any of the various divisions of SHREE INFOSOFT PRIVATE LIMITED (the Company)/branches/subsidiaries/affiliates/associates/sister- concerns either domestic or overseas, wherever it may be situated. You will abide by the company's rules and regulations as may be in effect from time to time with respect to your function, grade or location where you work in. Please note that, in lieu of clause 3 & 4 of Section II of the 'Other Terms and Conditions' of Annexure B, you are required to abide by the following in case of overseas deputation:
While on and or return to India from overseas deputation, it is essential that you serve SHREE INFOSOFT PRIVATE LIMITED for a period as stated under, as applicable: In the event of any aberration in serving Company as mentioned above, you are liable to repay the amount spent by Company on your deputation covering the cost of travel, insurance premium, per diem, visa fee and other associated expenses"
Case Title: Ms Sarita Singh v. M/s Shree Infosoft Private Limited
Citation : 2022 LiveLaw (SC) 67
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